after her baby dies. and wall street protests on both sides of the bay. this is bay area news at 7:00. good evening. it's monday, october '17. a mothers five-month old baby dies while at day care. new at 7:00, questions about where the baby was sleeping. >> that's right. the baby boy was brought here last friday. we did learn that the day care

provider has been in business since 2008. jessica smith lost her baby boy. around 2:00 p.m. she got a call saying the boy had stopped breathing. >> they said my son didn't make it. i didn't know how to process that. i just held him. >> the boy had died at the child care home. the coroner is still investigating. the mother is worryied that the day care provider put him on a

baby. this woman runs a day care referral agency. we learned the other woman has a valid day care license. tonight i have learned that the inspectors never followed up to find out whether there was a cpr program or not. more details now, parents need to verify the day care provider has current programs. two gun money are still at large in a gang shooting in

pittsburg. about 30 people were at a while's birthday party last night. the gunmen then took off running. one of the victims was a 9 year- old girl who was shot in the arm. we are learning for tonight about a deadly shooting for a funeral for a member of hells angels. hell's angels was aquested of murder in 1999 after arguing that he punched a man in self defense. now, a friend says why he fears the marked man. and a bold gold theft caught on video. workers at the race way are

morning the loss of dan wheldon. walker went to the driver --daveing school. >> there is some excitement and sadness here. the is being called one of the worst car crashes in recent memory. a 5--15 car pile up killed dan wheldon. the impact is still being felt. >> just a really bright, engaging guy. it's just a tragedy to have lost him. >> wheldon was involved with the simms race way. >> we lost a good guy.

>> dennis is a fire safety guy. he took us out on a track check. he did the same drill on the loss having as speed way. the chances of a similar crash here are slim. they are not getting up to 225 miles per hour. there is an an going effort to make the tracks and cars safer.

noel walker. a former sheriff's deputy says he has paid the price. he fell asleep at the wheel and crashed into a girl. he did 800 hours of community service and wants his three month probation terminated early. >> he faceed huge consequences. he shouldn't just take them and live with them. >> counsel's attorney says the client wants to apply for other law enforcement positions. this school is striking back after burglars, harassny, and graffiti.

a play section was set on fire two weekends in a row. the damage is at $50,000 per school. now, to san francisco where school officials say a new program is hell h helping. they have announcing the results of a pilot program. program. it focused on 20 freshman. case managers worked with each student and the students have increased their class attendance by 23%: the mother of a gay teenager after being bullied is speaking out. she is talking aboutset's law.

the governor signed it last week. set's law requires schools to have clear policies on bullying. >> schools would have had to taken my complaints complaints seriously. they did not. >> the 13 year-old attended a public school where he was torr was--tormented. the german government is saying discussions are going to go into the new year. and the concerns weighed on

wall street. the dow was down. the nasdaq fell 52. shares of ibm are down 4% in after hours trading. ibm reported a profit of $3.8 billion which is a seven percent increase from last year. today is the deadline if you asked for an exitation for your 2010 tax return. members of the military are an exception. they have an extra 180 days. there is a new push to increase taxes for california mill airs. the newest version of apple iphone is the fastest cell

phone being sold. apple has sold 4 million of them. it has a better camera. it sells for $200. federal regulators have reached a an agreement in allowing you to get minute warnings if you are going to go over your minutes or text messages. >> i have gotten the bill where it has been 50% increase that month. >> all carriers should've the warnings in place in the next two years. the judge over seeing the manslaughter trial of michael

jackson's doctor put the case on hold today. the attorneys got time to look at recent tests done by the coroners office. testimony is expected to go on wednesday. a deadline ticking down for occupy san francisco. people are poised for a run in with police. and, harbaugh is talking about the handshake. a cooling trend on the way. what the models are predicting for tuesday. ?

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and now to our coverage of the occupy protests. the three berkeley graduates lent their sup sport today. sarah shourd and others were at the rally. he told the crowd not to give up. >> never doubt that every piece of support helps. and a particular message here in occupy oakland, i support you. >> sean bower was in iran in a prison. the clock is ticking down to a 10:00 p.m. deadline. we have live there. david. >> more than 200 occupy san francisco pro-testators are here. after a 20 minute march earlier

tonight. we got the pictures as the protestors took to the street. the protest is a part of the occupy wall street movement. the san francisco police in riot gear moved in after 10:00 last night enforcing a code. people were arrested. some pro-testators called it police brutality. they are vowing to camp out here tonight. now, i spoke with the san francisco police chief. they worked today, and they they would have to see whether the offices would try to shut

down the situation tonight. for now, david stevenson. the california teachers federation is working on getting more money from the people with extreme money. the statewide tax could help again rate revenue for schools. a new report shows that california leads the nation for the number of people employed by solar panel acres and installers. there are four times as many solar jobs. tonight people are in thailand to get the remains of american's soldiers back to u.s. soil killed in the core renne war. there is speculation that

president obama maybe looking to use the knee goesuations about the nuclear program. a new high-tech is being used to protect the kim tarry. the scanner can map out hundreds of tom stones. they hope to put in an under ground system. mcdonald's is going to be a tv channel. they are going to show shows for specific unities. the nfl says there will be

no fines between jim harbaugh and jim schwartz. >> at 49ers head quarters, coach jim harbaugh called the headline making handshake unfortunate. >> i take accountable for my part in that. the thing that's, you know, you feel bad about that it takes away from what the football players did. >> it happened yesterday. harbaugh gave schwartz a handshake and a slap on the back. >> it is unfortunate that the events after the game have over shadowed the fact that it was a great game.

>> apologies seem to me like excuses. just try to do better. >> on twitter some criticize harbaugh for not showing enough respect. >> a handshake and like that, a pat. a push like this. come on. >> this was just funny how the lions coach was completely out of line. >> coach a going to talk with coach schwartz later. >> look for the link under the way area sports page. a pawnshop is turning over video to catch a thief.

you saw it there. the shopworner grabbed a 14 carte gold chain and just ran out. a group of heardly souls are swimming great lengths. and roast rosemary tells us how long the weather is beginning to linger. and you can watch all of our newscasts on your computer or on your smart phone. we are streaming life at www.ktvu.com/kicu. ♪

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some brave souls boarded a vote to swim from al kaitlyn trays to the san francisco shore. it is the final event in a campaign to promote an active lifestyle in the native american community. you see here they had sunshine this morning.

but the water was still cold. yeah, but what a warm up. we broke a record in concordat 87. and tonight a very nice, mild, summer like evening. but the winds are picking up. look at sfo, a westerly breeze. in fairfield we have been watching that. but the temperatures, 72 in san francisco and 70s for oakland. 81 in napa. enjoy it. it's going to be going away for a couple of days. we have been watching this it it is finally being pushed and will cross california tuesday,

wednesday. we may get some rain. but, for the most part it is going to cool us down. today we were 5, 10, 15 degrees warmer than yesterday. tomorrow we're going to much cooler. maybe you like that. look at the over night lows. 50s and low 60s out there. 60 degrees for mountain view. the fog is going to return to the coast. wednesday will be the better bet for some drizzle. 74 on tuesday in nevada. 78 in dan vile. santa clara valley is going to be mild at 76. 67 in the city and 60s for the coast. once again, so say good-bye to

the 70s for now. but, they will be back. on thursday, upper 60s, low 70s for the coastline. the next couple of days, tuesday, wednesday, tumps may be a little below average. thank you. today marks the 6.9 earthquake the quake struck at 5:04 p.m. a ceremony was held tonight. we need to always be prepared. an american researcher has been rescued from the south pole. in august the engineer had a

stroke. now doctors in newseum land are looking at her. that is our report for tonight. we'll have the 10:00 p.m. news in a bit. tfz is next right here.